THE NAVY ACT, 1957[PART II]

CHAPTER VISERVICE PRIVILEGES

 

20.Immunity from attachment.The arms, clothes, equipments, accouterments or necessaries of any person in the naval, service, while subject to naval law, shall not be seized, nor shall the pay and allowances or any part thereof of such person be attached under any process or direction issued by, or by the authority of, any court or public servant in respect of any claim, decree or order enforceable against him.

317.21.Immunity from arrest for debt.

21. Immunity from arrest for debt.(1) No person in the naval service shall, so long as he is subject to naval law, be liable to be arrested for debt under any process or direction issued by, or by the authority of, any court or public servant.

(2) If any such person is arrested in contravention of the provisions of sub-section (1), the court or public servant by whom or by whose authority such process or direction was issued shall on com-
plaint by the person arrested or by his superior officer enquire into the case and if satisfied that the arrest was made in contravention of sub-section (1), shall make an order for the immediate discharge of the person arrested and may award to the complainant the costs of the complaint to be recoverable in the same manner as if such costs were awarded to him by a decree against the person at whose instance such process or direction was issued.

(3) No court-fee shall be payable on a complaint made under sub-
section (2) or for recovery of the costs that may be awarded under that sub-section.

22.Immunity of persons attending court martial or disciplinary court formarrest.

22. Immunity of persons attending court martial or disciplinary court form arrest.(1) No president or other member of a court-martial or disciplinary court, no judge advocate, no party to any proceeding before a court-martial or disciplinary court or no advocate or agent of such party, and no witness acting in obedience to a summons to attend a court-martial or disciplinary court shall, while proceeding to, attending or returning from, a court-martial or disciplinary court, be liable to arrest under any civil or revenue process.

(2) If any such person is arrested under any such process, he may be discharged by order of the court-martial or disciplinary court, as the case may be.

23.Remedy of aggrieved Persons.

23. Remedy of aggrieved Persons.(1) If an officer or 1[sailor]
thinks that he has suffered any personal oppression, injustice or other ill-treatment at the hands of any superior officer, he may make a complaint in accordance with the regulations made under this Act.

(2) The regulations referred to in sub-section (1) shall provide for the complaint to be forwarded to the Central Government for its consideration if the complainant is not satisfied with the decision on his complaint.

24.Priority of hearing of cases concerning persons in the naval services.

24. Priority of hearing of cases concerning persons in the naval services.(1) On the presentation to any civil or revenue court by or on behalf of any person in the naval service while subject to naval

———————————————————————-
1 Subs. by Act 53 of 1974, s. 2, for “seaman”.
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318.law of a certificate from the proper naval authority of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal or such suit or other proceeding within the period of the leave so granted or applied for.

(2) The certificate from the proper naval authority shall state the first and last day of the leave granted or applied for and set forth a description of the case with respect to which the leave has been granted or applied for, and shall be duly signed and authenti-
cated by such authority.

(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or in respect of any application by or on behalf of any such person for priority for the hearing of his case and every such certificate duly signed and authenticated as aforesaid shall be conclusive evidence of the correctness of the contents thereof.

(4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of the leave granted or applied for as aforesaid, it shall record its reasons for having been unable to do so, and shall cause a copy thereof to be furnished to such person on his application, without any payment whatever by him in respect either of the application for such copy or of the copy itself.

(5) Every criminal court before which a case is pending against a person in the naval service, shall, so far as may be possible, arrange for the early hearing and final disposal of such case.

25.Right of the Chief of the Naval Staff or commanding officers to obtaincopies of judgements or orders made by a criminal court.

25. Right of the Chief of the Naval Staff or commanding officers to obtain copies of judgements or orders made by a criminal court.A criminal court before which any proceedings have been taken against a person in the naval service while subject to naval law shall, on application by the Chief of the Naval Staff or the commanding officer of that person, grant copies of the judgment and final orders in the case free of cost and without delay.

26.Saving of rights and privileges under other laws.

26. Saving of rights and privileges under other laws.The rights and privileges specified in the preceding sections of this Chapter shall be in addition to, and not in derogation of, any other rights and privileges conferred on persons in the naval service while subject to naval law or on members of the regular Army, Navy and Air Force generally by any other law for the time being in force.

CHAPTER VIIPROVISIONS AS TO PAY, PENSION, ETC., AND MAINTENANCE OF FAMILIES

27. Deductions from pay, etc., not to be made unless authorised.No deductions other than those authorised by or under this or any other Act shall be made from the pay, pensions, gratuities allowances and other benefits due to officers and 1[sailors] under any regulations for the time being in force.

 

28.Deductions from pay and allowances of officers.

28. Deductions from pay and allowances of officers.The following deductions may be made from the pay and allowances of an officer without recourse to trial by a naval tribunal, namely:-

(1) all pay and allowances for everyday of absence without leave unless an explanation is given to the satisfaction of the commanding officer for such absence and approved by the
Chief of the Naval Staff:

Provided that the officer is not fealt with by a naval tribunal for the said absence;

(2) all pay and allowances for everyday while he is in civil or naval custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a competent naval tribunal or criminal court and sentenced to imprisonment;

(3) all pay and allowances for everyday while he is in hospital on account of sickness certified by the prescribed medical officer to have been caused by an act amounting to an offence punishable under this Act:

Provided that such certificate is accepted by the Chief of the Naval Staff :,

(4) any sum required to make good the pay and allowances of any person subject to naval law which he has, unlawfully retained or refused to pay ;

(5) any sum required to make good any loss, damage or destruction of Government property or property belonging to a naval mess, band or institution which after due investigation appears to the Central Government, the Chief of the Naval
Staff or the prescribed officer to have been occasioned by the wrongful act or negligence on the part of the officer ;

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1 Subs. by Act 53 of 1974, s. 2, for ” seaman”.
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320.(6) any sum required to be paid for the maintenance of his wife or legitimate or illegitimate children under the provisions of section 31 ;

(7) any sum which after due investigation appears to the prescribed officer to be due to a service mess or canteen.

29.Deductions from pay and allowances of sailors.

29. Deductions from pay and allowances of sailors.The following deductions may be made from the pay and allowances of a 1[sailor]
without recourse to trial by a naval tribunal, namely:-

(1) all pay and allowances for everyday of absence without leave unless an explanation is given to the satisfaction of the commanding officer for such absence:

Provided that the 1[sailor] is not dealt with by a naval tribunal for the said absence;

(2) all pay and allowances for everyday he is in confinement on a charge for an offence of which he is afterwards convicted by a competent naval tribunal or criminal court ;

(3) all pay and allowances for everyday he is in hospital on account of sickness certified by the prescribed medical officer to have been caused by an act amounting to an offence punishable under this Act:

Provided that such certificate is accepted by the Chief of the Naval Staff or the prescribed officer;

(4) any sum required to make good any loss, damage or destruction of any property which after due investigation appears to the Central Government or the Chief of the Naval
Staff or the prescribed officer to have been occasioned by the wrongful act or negligence on the part of the 1[sailor];

(5) any sum required to be paid for the maintenance of his wife or legitimate or illegitimate children under the provisions of section 31.
30.

Deductions awarded by naval tribunals.

30. Deductions awarded by naval tribunals.Deductions may be made from the pay and allowances of an officer or 1[sailor] in respect of any sentence of fine. forfeiture or mulcts of pay and allowances awarded in pursuance of this Act by a naval tribunal.

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1 Subs. by Act 53 of 1974, s. for seaman”.
———————————————————————-

321.31.Liability for maintenance of wife and children.

31. Liability for maintenance of wife and children.(1) A person subject to naval law shall be liable to maintain his wife and his legitimate or illegitimate children to the same extent as if he were not so subject ; but the execution or enforcement of any decree or order for maintenance passed or made against such person shall not be directed against his person, pay, arms. ammunition, equipments, instruments or clothing.

(2) Notwithstanding anything contained in sub-section (1),-

(a) where it appears to the satisfaction of the Central
Government or the Chief of the Naval Staff or the prescribed authority that a person subject to naval law has without reasonable cause deserted or left in destitute circumstances his wife or any legitimate child unable to maintain himself or has by reason of contracting a second marriage become liable to provide separate maintenance to his first wife ; or

(b) where any decree or order is passed under any law against a person who is, or subsequently becomes, subject to naval law for the maintenance of his wife or his legitimate or illegitimate children and a copy of the decree or order is sent to the Central Government or the Chief of the Naval
Staff or the prescribed authority;

the Central Government, or the Chief of the Naval Staff or the prescribed authority may direct a portion of the pay of the person so subject to naval law to be deducted from such pay and appropriated in the prescribed manner towards the maintenance of his wife or children, but the amount deducted shall not exceed the amount fixed by the decree or order (if any) and shall not be at a higher rate than the rate fixed by regulations made under this Act in this behalf:

Provided that in the case of a decree or order for maintenance referred to in clause (b) no deduction from pay shall be directed unless the Central Government, or the Chief of the Naval Staff or the prescribed authority is satisfied that the person against whom such decree or order has been passed or made, has had a reasonable opportunity of appearing, or has actually appeared either in person or through a duly appointed legal practitioner, to defend the case before the court by which the decree or order was passed or made.

322.(3) Where arrears of maintenance under a decree or order re-
ferred to in sub-section (2) have accumulated while the person against whom the decree or order has been made is subject to naval law whether or not deductions in respect thereof have been made from his pay under this section, no step for the recovery of those arrears shall be taken in any court after such person has ceased to be so subject unless the court is satisfied that he has, since he ceased to be subject to naval law, the ability to pay the arrears or any part thereof and has failed to do so.

(4) Notwithstanding anything contained in any other law, where a proceeding for obtaining a decree or order for maintenance Is started against a person subject to naval law,-

(a) the court may send the process for service on that person to the commanding officer of the ship on which such person is serving or on the books of which he is borne; or

(b) if, by reason of the ship being at sea or otherwise, it is impracticable for the court to send the process to the commanding officer, the court may, after not less than three weeks notice to the Central Government, send it to a
Secretary to that Government for transmission to the commanding officer for service on that person:

Provided that such service shall not be valid unless there is sent along with the- process such sum of money as may be prescribed to enable that person to attend the hearing of the proceeding and to return to his ship or quarters after such attendance.

(5) If a decree or order is passed or made in the proceeding against the person on whom the process is served, the sum sent along with the process shall be awarded as costs of the proceeding against that person.

(6) No process in any proceeding under this section shall be valid against a person subject to naval law if served on him after he is under orders for service at a foreign station or beyond Indian waters.

323.(7) The production of a certificate of the receipt of the process purpoting to be signed by such commanding officer as aforesaid shall be evidence that the process has been duly served, unless the contrary is proved.

(8) Where by a decree or order a copy whereof has been sent to the Central Government or the Chief of the Naval Staff or the pres-
cribed authority under clause (b) of sub-section (2), the person against whom the decree or order has been passed or made is directed to pay as costs any sum sent along with the process [referred to in the proviso to sub-section (4) ], the Central Government may pay to the person entitled an amount in full satisfaction of that sum and the amount so paid by the Central Government shall be deemed to be a public demand recoverable from the person against whom the decree or order has been passed or made, and without prejudice to any other mode of recovery, may be recovered by deduction from his pay, in addition to the deductions authorised by sub-section (2).

(9) Where any person subject to naval law has made an allotment of any part of his pay and allowances for the benefit of his wife, that allotment shall not be discontinued or reduced until the Central
Government or the Chief of the Naval Staff or the prescribed authority is satisfied that the allotment should no longer be made or should be reduced.

(10) In this section, the expression “pay” includes all sums pay-
able to a person subject to naval law in respect of his services other than allowances in lieu of lodgings, rations, provisions, clothing and travelling allowances.

32.Limit of certain deductions.

32. Limit of certain deductions.Except when the deductions are made under sub-sections(1),(2) and (4) of section 28 or sub-
sections (1) and (2) of section 29, the total deductions from the pay and allowances of an officer or 1[sailor] shall not exceed in any one month one-half of his pay and allowances for that month.

33.Remission of deductions.

33. Remission of deductions.(1) Any deduction from the pay and allowances authorised de by or under this Act may be remitted by the
Chief of the Naval Staff in his discretion.

(2) Such deduction may also be remitted in such manner and to such extent and by such other authority as may be prescribed.

CHAPTER VIIIARTICLES OF WAR

 

1[34. Misconduct by officers or persons in command.Every flag officer, captain or other person subject to naval law who, being in command of any ship, vessel or aircraft of the Indian Navy, or any naval establishment-

(a) fails to use his utmost exertions to bring into action any such ship, vessel or aircraft which it is his duty to bring into action ; or

(b) surrenders any such ship, vessel or aircraft to the enemy when it is capable of being successfully defended or destroyed ; or

(c) fails to pursue the enemy whom it is his duty to pursue or to assist to the utmost of his ability any friend whom it is his duty to assist ; or

(d) in the course of any action by or against the enemy improperly withdraws from the action or from his station or fails in his own person and according to his rank to en-
courage the persons under his command to fight courageously ;
or

(e) surrenders any such naval establishment or any part of such an establishment to the enemy when it is capable of being successfully defended or when it is his duty to cause it to be destroyed, shall,-

(a) if such act is committed with intent to assist the enemy or from cowardice, be punished with death or such other punishment as is hereinafter mentioned; and

(b) in any other case, be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned.

35.Misconduct by persons other than those in command.

35. Misconduct by persons other than those in command.Every person subject to naval law who, not being in command of any naval establishment or any ship, vessel or aircraft of the Indian Navy, fails when ordered to prepare for action by or against the enemy, or during any such action, to use his utmost exertions to carry the lawful Orders of his superior officers into execution shall,-

(a) if such act is committed with intent to assist the enemy, be punished with death or such other punishment as is hereinafter mentioned; and

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1 Subs. by Act 53 of 1974, s. 7, for the original ss. 34 to
37.———————————————————————-

325.(b) in any other case, be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned.

36.Delaying or discouraging action or service commanded.

36. Delaying or discouraging action or service commanded.Every person subject to naval law who wilfully delays or discourages upon any pretext whatsoever, any action or service which has been commanded on the part of the Navy, regular Army, or Air Force or of any forces co-operative therewith shall,-

(a) if such act is committed with intent to assist the enemy, be punished with death or such other punishment as is hereinafter mentioned; and

(b) in any other case, be punished with imprisonment which may extend to seven years or such other punishment as is hereinafter mentioned.

37.Penalty for disobedience in action.

37. Penalty for disobedience in action.Every person subject to naval law who, being in the presence or vicinity of the enemy or having been ordered to be prepared for action by or against the enemy-

(a) deserts his post ; or …

(b) sleeps upon his watch,

shall be punished with death or such other punishment as is herein-
after mentioned.]

38.Penalty for spying.

38. Penalty for spying.Every person not otherwise subject to naval law who is or acts as a spy for the enemy shall be punished under this Act with death or such other punishment as is hereinafter mentioned as if he were a person subject to naval law.

39.Correspondence, etc., with the enemy.

39. Correspondence, etc., with the enemy.Every person subject to naval law, who,-

(a) traitorously holds correspondence with the enemy or gives intelligence to the enemy; or

(b) fails to make known to the proper authorities any information he may have received from the enemy; or

(c) assists the enemy with any supplies; or

(d) having been made a prisoner of war, voluntarily serves with or aids the enemy;

shall be punished with death or such other punishment as is herein-
after mentioned.

326.40.

Improper communication with the enemy.

40. Improper communication with the enemy.Every person subject to naval law who without any traitorous intention holds any improper communication with the enemy shall be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned.

41.Deserting post and neglect of duty.

41. Deserting post and neglect of duty.Every person subject to naval law, who,-

(a) deserts his post ; or

(b) sleeps upon his watch ; or

1[(c) fails to perform or negligently performs the duty im-
posed on him; or]

(d) wilfully conceals any words, practice or design tending to the hindrance of the naval service;

shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

42.Mutiny defined.

2 [42. Mutiny defined.Mutiny means any assembly or combination of two or more persons subject to naval law, the Army Act, 1950 (46.of 1950), or the Air Force Act, 1950 (45 of 1950),or between persons two at least of whom are subject to naval law or any such Act,-

(a) to overthrow or resist lawful authority in the Navy, regular Army or Air Force or any part of any one or more of them or any forces co-operating therewith or any part thereof; or

(b) to disobey such authority in such circumstances as to make the disobedience subversive of discipline or with the object of avoiding any duty or service against, or in con-
nection with operations against, the enemy; or

(c) to show contempt to such authority in such circumstances as to make such conduct subversive of discipline; or

(d) to impede the performance of any duty or service in the
Navy, regular Army or Air Force or any part of any one or more of them or any forces co-operative therewith or any part thereof.]

43.Punishment for mutiny.

43. Punishment for mutiny.Every person subject to naval. law, who,-

(a) joins in a mutiny; or

(b) begins, incites, causes or conspires with any other persons to cause, a mutiny; or
———————————————————————
1 Subs. by Act 53 of 1974, s. 8, for the former cl. (c).

2 Subs. by s. 9, ibid., for the former s. 42.———————————————————————

327.(c) endeavours to incite any person to join In a mutiny or to commit an act of mutiny ; or

(d) endeavours to seduce any person in the regular Army, Navy or Air Force from his allegiance to the Constitution or loyalty to the State or duty to his superior officers or uses any means to compel or induce any such person to abstain from acting against the enemy or discourage such person from acting against the enemy; or

(e) does not use his utmost exertions to suppress 1[or prevent] a mutiny ; or

(f) wilfully conceals any traitorous or mutinous practice or design or any traitorous words spoken against the State;
or

(g) knowing or having reason to believe in the existence of any mutiny or of any intention to mutiny does not without delay give information thereof to the commanding officer of his ship or other superior officer ; or

(h) utters words of sedition or mutiny;

shall be punished with death or such other punishment as is herein-
after mentioned.

44.Persons on board ships or aircraft seducing naval personnel fromallegiance.

44. Persons on board ships or aircraft seducing naval personnel from allegiance.Every person not otherwise subject to naval law who being on board any ship or aircraft of the Indian Navy or on board any ship in the service of the Government endeavours to seduce from his allegiance to the Constitution or loyalty to the State or duty to superior officers any person subject to naval law shall be punished under this Act with death or such other punishment as is hereinafter mentioned as if he were a person subject to naval law.

45.Striking Superior officers.

45. Striking Superior officers.Every person subject to naval law who commits any of the following offences, that is to say,-

(a) strikes or attempts to strike his superior officer; or

(b) draws or lifts up any weapon against such officer; or

(c) uses or attempts to use any violence against such officer;

shall be punished,-

if the offence is committed on active service with imprison-
ment for a term which may extend to ten years or such other punishment as is hereinafter mentioned; and

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1 Ins. by Act 53 of 1974, s. 10.———————————————————————-

328.
in any other case, with imprisonment for a term which may extend to five years or such other punishment as is herein-
after mentioned.

46.Ill-treating subordinates.

46. Ill-treating subordinates.Every person subject to naval law who is guilty of ill-treating any other person subject to such law, being his subordinate in rank or position, shall be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned.

47.Disobedience and in subordination.

47. Disobedience and in subordination.Every person subject to naval law, who,-

(a) wilfully disobeys any lawful command of his superior officer ; or

(b) in the presence of his superior officer, or otherwise shows or expresses his intention to disobey a lawful command given by such superior officer; or

(c) uses insubordinate, threatening or insulting language to his superior officer; or

(d)behaves with contempt to his superior officer

shall, if the offence is committed on active service or in a manner to show wilful defiance of authority, be punished with imprisonment for a term which may extend to ten years or such other punishment as is hereinafter mentioned and in other cases, be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

48.Quarrelling fighting and disorderly behaviour.

48. Quarrelling fighting and disorderly behaviour.Every person subject to naval. law, who,-

(a) quarrels, fights with or strikes any other person, whether such person is or is not subject to naval law; or

(b) uses reproachful or provoking speeches or gestures tending to make a quarrel or disturbance; or

(c) behaves in a disorderly manner;

shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

49.Desertion.

49. Desertion. (1) Every person subject to naval law who absents himself from his ship or from the place where his duty requires him to be, with an intention of not returning to such ship or place, or who at any time and under any circumstances when absent from his ship or place of duty does any act which shows that he has an intention of not returning to such ship or place is said to desert.

329.
(2) Every person who deserts shall,-

(a) if he deserts to the enemy, be punished with death or such other punishment as is hereinafter mentioned; or

(b) if he deserts under any other circumstances, be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned;

and in every such case he shall forfeit all pay, head money, bounty, salvage, prize money and allowances that have been earned by him and all annuities, pensions, gratuities, medals and decorations that may have been granted to him and also all clothes and effects which he deserted, unless the tribunal by which he is tried or the which he deserted, unless the tribunal by which he is tried or the Central
Government or the Chief of the Naval Staff, otherwise directs.

50.

Seducing person to desert.

50. Seducing person to desert.Every person subject to naval law who endeavours to seduce any other person subject to naval law to desert shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

51.Breaking out of ship and absence without leave.

51. Breaking out of ship and absence without leave.Every person subject to naval law who without being guilty of descretion improperly leaves his ship or place of duty 1 [or any place where he is required to be] or is absent without leave shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned and shall also be punished by such mulcts of pay and allowances as may be prescribed.

52.Drunkenness.

52. Drunkenness. 2[(1)] Every person subject to naval law who is guilty of drunkenness shall, if the offence is committed on active service, be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned and in other cases be punished with imprisonment for a term which may extend to six months or such other punishment as is hereinafter mentioned.

3 [(2) For the purpose of sub-section (1), a person shall be deemed to be guilty of drunkenness if, owing to the influence of alcohol or any drug whether alone or in combination with any other cir-

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1 Ins. by Act 53 of 1974, s. 11.2 S. 52 was renumbered as sub-section (1) of that section by s. 12, ibid.

3 Ins. by s. 12. ibid.
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330

cumstances he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in a manner likely to bring discredit to the naval service.]

53.Uncleanness or indecent acts.

53. Uncleanness or indecent acts.Every person subject to naval law who is guilty of,-

(a) uncleanness; or

(b) any indecent act;

shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

54.Cruelty and conduct unbecoming the character of an officer.

54. Cruelty and conduct unbecoming the character of an officer.(1) Every officer subject to naval law who is guilty of cruelty shall be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned.

(2) Every officer subject to naval law who is guilty of any scandalous or fraudulent conduct or of any conduct unbecoming the character of an officer shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

55.Losing ship or aircraft.

2[55(1) Losing ship or aircraft.Every person subject to naval law, who wilfully loses strands or hazards or suffers to be lost, stranded or hazarded any ship of the Indian Navy or in the service of the Government, or loses or suffers to be lost any aircraft of the
Indian Navy or in the service of the Government shall be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned.

(2) Every person subject to naval law who negligently or by any default loses, strands or hazards or suffers to be lost, stranded or hazarded any ship of the Indian Navy or in the service of the Govern-
ment, or loses or suffers to be lost any aircraft of the Indian Navy or in the service of the Government shall be punished with imprison-
ment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

55A.

Dangerous unauthorised flying.

2[55A. Dangerous unauthorised flying. Every person subject to naval law. who is guilty of any act or neglect in flying or in the use of any aircraft of the Indian Navy or in relation to any such aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person shall,-

———————————————————————-
1 Subs. by Act 53 of 1974, s.13, for “designedly”.

2 Ins. by s. 14, ibid.
———————————————————————-

331.(a) if he acts wilfully or with wilful neglect, be punished with imprisonment for a term which may extend to fourteen years; 1[or such other punishment as is hereinafter is mentioned] and

(b) in any other case, be punished with imprisonment for a term which may extend to five years or such other punishment as is hereinafter mentioned.

55B.

Inaccurate certificate.

55B. Inaccurate certificate.Every person subject to naval law who signs any certificate in relation to an aircraft or aircraft material belonging to or in the service of the Government without ensuring the accuracy thereof, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

55C.

Low flying and annoyance by flying.

55C. Low flying and annoyance by flying. Every person subject to naval law being the pilot of an aircraft of the Indian Navy, who-

(a) flies it at a height less than the minimum height authorised by his commanding officer or appropriate service authority except while taking off or landing; or

(b) flies it so as to cause or likely to cause unnecessary annoyance to any person,

shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

55D.

Disobedience of lawful command of captain of an aircraft.

55D. Disobedience of lawfull command of captain of an aircraft.
Every person subject to naval law, who, while he is in an aircraft belonging to or in the use of the Government, disobeys any lawful command given by the captain of the aircraft, whether such c captain is subject to naval law or not, in relation to all matters relating to flying or handling of the aircraft or affecting the safety thereof, shall be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned.]

56.Offences by officers in charge of convoy.

56. Offences by officers in charge of convoy.(1) All officers appointed for the convoy and protection of any ships or vessels shall diligently perform their duty without delay according to their instructions in that behalf.

(2) Every such officer subject to naval law, who,-

(a) does not defend the ships and goods under his convoy without deviation to any other objects; or

(b) refuses to fight in their defence if they are assailed;
or

(c) cowardly abandons and exposes the ships in his convoy to hazard; or

———————————————————————-
1 Ins. by Act 48 of 1982, s.2.———————————————————————-

332.

(d) demands or exacts any money or other reward from any merchant or master for convoying any ships or vessels entrusted to his care; or

(e) misuses the masters or mariners thereof;

shall be punished with death or such other punishment as is herein-
after mentioned, and shall also make such reparation in damages to the merchants, owners and others as a civil court of competent jurisdiction may adjudge.

57.Taking unauthorised goods on board ship.

57. Taking unauthorised goods on board ship.Every officer subject to naval law in command of any shin of the Indian Navy who receives on board or permits to be received on board such ship any goods or merchandise whatsoever other than for the sole use of the ship or persons belonging to the ship, except goods and merchandise on board any ship which may be shipwrecked or in imminent danger either on the high seas or in some port, creek, or harbour, for the purpose of preserving them for their proper owners, or except such goods or merchandise as he may at any time be ordered to take or receive on board by order of the central Government or his superior officer, shall be punished with dismissal from the naval service or such other punishment as is hereinafter mentioned.

58.Offences in respect of property.

58. Offences in respect of property.Every person subject to naval law who wastefully expends or fraudulently buys, sells or receives any property of Government or property belonging to a naval, military or air force mess, band or institution, and every person who knowingly permits any such wasteful expenditure, or any such fraudulent purchase, sale or receipt, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

59.Arson.

59. Arson. Every person subject to naval law who unlawfully sets fire to any dockyard, victualling yard or steam factory yard, arsenal, magazine, building, stores or to any ship, vessel, hoy, barge, boat, aircraft, or other craft or furniture thereunto belonging, not being the property of an enemy, shall be punished with death or such other punishment as is hereinafter mentioned.

60.

Falsfying official documents and false declarations.

60. Falsfying official documents and false declarations.Every person subject to naval law-

(a) who knowingly makes or signs a false report, return, list, certificate, book, muster or other document to be used for official purposes ; or

333.

(b) who commands, counsels or procures the making or signing thereof; or

(c) who aids or abets any other person in the making or signing thereof; or

(d) who knowingly makes, commands, counsels or procures the making of, a false or fraudulent statement or a fraudulent omission in any such document;

shall be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned.

61.Malingering etc.,

61. Malingering etc., Every person subject to naval law-

(a) who wilfully does any act or wilfully disobeys any orders whether in hospital or elsewhere with intent to produce or to aggravate any disease or infirmity or to delay his cure; or

(b) who feigns any disease, infirmity or inability to perform his duty;

shall be punished with imprisonment for a term which may extend to five years or such other punishment as is hereinafter mentioned.

62.Penalty for endeavouring to stir up disturbance on account ofunwhole someness of victuals or other just grounds.

62. Penalty for endeavouring to stir up distubance on account of unwhole someness of victuals or other just grounds. Every person subject to naval law who has any cause of complaint either of the unwholesomeness of the victuals or upon any other just ground shall quietly make the same known to his superior or captain or to the Chief of the Naval Staff, in accordance with the prescribed channels of communication and the said superior, captain or Chief of the Naval
Staff shall, as far as he is able, cause the same to be presently remedied; and every person subject to naval law who upon any pretence whatever attempts to stir up any disturbance shall be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned.

63.Offences in respect of papers relating to prize.

63. Offences in respect of papers relating to prize.(1) All the papers, charter-parties, bills of lading , passports and other writings whatsoever that shall be taken, seized or found 1[aboard] any ships which are taken as prize, shall be duly preserved and the commanding officer of the ship which takes such price shall send the originals entire and without fraud to the court of competent jurisdiction or such other court or commissioners as shall be authorised to determine whether such prize be lawful capture, there to be viewed, made use of and proceeded upon according to law.

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1 Subs. by Act 58 of 1960, s. 3 and Sch. 11, for “abroad” (with retrospective effect)
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334.(2) Every commanding officer who wilfully fails to send the papers, charter-parties, bills of lading, passports or other writings whatsoever that shall be taken, seized or found 1[abroad] any ships which are taken as prize to the proper court or other authority shall be punished with dismissal from the naval service or such other punishment as is hereinafter mentioned and in addition shall forfeit and lose any share of the capture.

64.Officers in respect of prize.

64. Officers in respect of prize.Every person subject to naval law who takes out of any prize or ship seized for prize, any money, plate, or goods, unless it is necessary for the better securing thereof, or for the necessary use and service of any ships of war of the Indian Navy, before the same be adjudged lawful prize in a court of competent jurisdiction, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned, and in addition shall forfeit and lose his share of the capture.

65.Offences in respect of persons on board a prize ship.

65. Offences in respect of persons on board a prize ship.Every person subject to naval law who in any sort pillages, beats, or ill-
treats officers, mariners or other persons on board a ship or vessel taken as prize or who unlawfully strips them of their clothes, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

66.Unlawful taking or ransoming or prize.

66. Unlawful taking or ransoming or prize.Every commanding officer of a ship of the Indian Navy subject to naval law, who,-

(a) by collusion with the enemy takes as prize any vessel, goods or thing; or

(b) unlawfully agrees with any person for the ransoming of any vessel, goods or thing taken as prize; or

(c) in pursuance of any unlawful agreement for ransoming or otherwise by collusion actually quits or restores any vessel, goods or thing taken as prize ;

shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

67.Breaking bulk on board a prize ship.

67. Breaking bulk on board a prize ship.Every person subject to naval law who breaks bulk on board any vessel taken as prize, or detained in the exercise of any belligerent right or under any law relating to piracy or to the slave trade or to the customs, with intent dishonestly to misappropriate anything

335.
therein or belonging thereto, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

68.Violation of the Act, regulations and orders.

68. Violation of the Act. regulations and orders.Every person subject to naval law who neglects to obey or contravenes any provisions of this Act or any regulation made under this Act or any general or local order, shall, unless other punishment is provided in this Act for such neglect or contravention, be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

69.Offences in relation to court-martial.

69. Offences in relation to court-martial.Every person subject to naval law, who,-

(a) being duly summoned or ordered to attend as a witness before a court-martial wilfully or without reasonable excuse fails to attend; or

(b) refuses to take an oath or make an affirmation legally required by a court-martial to be taken or made; or

(c) being sworn, refuses to answer any questions which he is in law bound to answer; or

(d) refuses to produce or deliver up a document in his power which the court may legally demand; or

(e) is guilty of contempt of court-martial;

shall be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

70.

Fraudulent entry.

70. Fraudulent entry.Every person who upon entry into or offering himself to enter the naval service wilfully makes or gives any false statement whether orally or in writing to any officer or person authorised to enter or enrol 1[sailors] or others in or for such naval service, shall, if he has become subject to naval law, be punished with imprisonment for a term which may extend to five years or such other punishment as is hereinafter mentioned.

71.Escape from custody.

71. Escape from custody.Every person subject to naval law who being in lawful custody escapes or attempts to escape from such custody shall be punished with imprisonment for a term which may extend to five years or such other punishment as is hereinafter mentioned.

72.Failure to assist in detention of offenders.

72. Failure to assist in detention of offenders.Every person subject to naval law, who,-

(a) does not use his utmost endeavours to detect, apprehend or bring to punishment all offenders against this Act; or

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1 Subs. by Act 53 of 1974, s.2, for “seamen”
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336.
(b) does not assist the officers appointed for that purpose;

shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

73.Penalty for failure to attend by members of reserve forces whencalled up.

73. Penalty for failure to attend by members of reserve forces when called up.Every member of the Indian Naval Reserve Forces 1[and every person belonging to any auxiliary forces raised under this Act]
who, when called up for training or when called up into actual service with the Indian Navy :in pursuance of the regulations made under this
Act, and required by such call to join any ship or attend at any place, fails, without reasonable excuse to comply with such re-
quirement, shall be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

74.Offences against good order and naval dicipline.

74. Offences against good order and naval dicipline.Every person subject to naval law who is guilty of an act, disorder, or neglect to the prejudice of good order and naval discipline, not hereinbefore specied, shall be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

75.Attempts.

75. Attempts. Every person subject to naval law who attempts to commit any of the offences specified in sections 34 to 74 and 76 and in such attempt does any act towards the commission of the offence shall, where no express provisions is made by this Act for the punishment of such attempt, be punished-

(a) if the offence attempted to be committed is punishable with death, with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned and

(b) if the offence attempted to be committed is punishable with imprisonment, with one-half of the maximum punishment provided for the offence or with such other punishment as is hereinafter mentioned.

76.Abetment of offenders.

76. Abetment of offenders.Any person subject to naval law who abets the commission of any of the offences specified in sections 34.to 74 shall, whether the act abetted is committed or not in consequence of the abetment, and where no express provision is made by this Act for the punishment of such abetment, be punished with the punishment provided for the offence.

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1 Ins. by Act 53 of 1974, s. 15.———————————————————————-

337.

77.Civil offences.

77. Civil offences.(1) Every person subject to naval law who commits a civil offence punishable with death or with imprisonment for life shall be punished with the punishment assigned for that offence.

(2) Every person subject to naval law who commits any other civil offence shall be punished either with the punishment assigned for the offence or with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

78.Jurisdiction as to place and offences.

78. Jurisdiction as to place and offences.(1) Subject to the provisions of sub-section (2), every person subject to naval law who is charged with a naval offence or a civil a offence may be tried and punished under this Act regardless of where the alleged offence was committed.

(2) A person subject to naval law who commits an offence of murder against a person not subject to army, naval or air force law or an offence of culpable homicide not amounting to murder against such person or an offence of rape in relation to such person shall not be tried and punished under this Act unless he commits any of the said offences-

(a) while on active service; or

(b) at any place outside India ; or

(c) at any place specified by the Central Government by notification in this behalf.

79.Jurisdiction as to time.

79. Jurisdiction as to time.No person unless he is an offender who has avoided apprehension or fled from justice or committed the offence of desertion or a fraudulent entry or the offence of mutiny shall be tried or punished in pursuance of this Act for any offence committed by him unless such trial commences within three years from the commission of such offence :

Provided that in the computation of the said period of three years any time during which an offender was outside India or any time during which he was a prisoner of war shall be deducted :

Provided further that no trial for an offence of desertion other than desertion on active service or fraudulent entry shall be com-
menced if the person in question not being an officer has subsequently to the commission of the offence served continuously in an exemplary manner for not less than three years in the Indian Navy.

338.
80.

Trial after a person ceases to be subject to naval law.

80. Trial after a person ceases to be subject to naval law.When any offence mentioned in this Chapter has been committed by any person while subject to naval law and such person has since the commission of the offence ceased to be subject to naval law, he may be taken into and kept in custody, tried and punished under this Act for such offence in like manner as he may have been taken into and kept in custody, tried and punished if he had continued subject to naval law:

Provided that he shall not be tried for such offence except in the case of an offence of mutiny or desertion, unless the trial against him commences within six months after he has ceased to be so subject.

CHAPTER IXPROVISIONS AS TO PUNISHMENTS

 

81. Punishment. (1) The following punishments may be inflicted under this Act, namely:-

(a) death;

(b) imprisonment which may be for the term of life or any other lesser term ;

(c) dismissal with disgrace from the naval service;

(d) detention ;

(e) dismissal from the naval service;

(f) forfeiture of seniority in rank in the case of officers
1[and master chief petty officers];

(g) forfeiture of time for promotion in the case of
2[officers below the rank of commander and master chief petty officers];

(h) dismissal from the ship to which the offender belongs;

(i) 2[reduction in bank] in the case of 2[petty officers]
and persons holding leading rates;

(j) fine, in respect of civil offences;

(k) mulcts of pay and allowances;

(l) severe reprimand or reprimand;

(m) forfeiture of pay, head money, bounty, salvage, prize money and allowances earned by, and all annuities, pensions, gratuities, medals and decorations granted to, the offender or of any one or more of the above particulars; also In the case of desertion, of all clothes and effects left by the deserter in the ship to which he belongs;

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1 Ins. by Act 48 of 1982, s.3.2 Subs. by s.3, ibid.
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339.(n) such minor punishments as are inflicted according to the custom of the navy or may from time to time be prescribed.

(2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale.

82.Provisions as to award of punishment.

82. Provisions as to award of punishment.(1) The punishments that may be inflicted under this Act shall be awarded in accordance with the provisions of the following sub-sections.

(2) Except in the care of mutiny in time of war or on active service, the punishment of death shall not be inflicted on any offender until the sentence has been confirmed by the Central
Government.

(3) The punishment of imprisonment for a term exceeding two years shall in all cases be accompanied by a sentence of dismissal with disgrace from the naval service.

(4) The punishment of imprisonment for a term not exceeding two years may in all cases be accompanied by a sentence of dismissal with disgrace or dismissal from the naval service :

Provided that in the case of officers, unless the sentence of dismissal with disgrace is also awarded, such sentence of imprisonment shall involve dismissal from the naval service.

(5) The sentence of imprisonment may be rigorous or simple, or partly rigorous and partly simple.

(6) The sentence of dismissal with disgrace shall involve in all cases forfeiture of all pay, head money, bounty, salvage, prize money and allowances that have been earned by and of all annuities, pen-
sions, gratuities, medals and decorations that may have been granted to the offender and an incapacity to serve Government again in a defence service, or a civil service, or to hold any post connected with defence or any civil post under the Government:

Provided that the forfeiture of moneys shall not apply, except in the case of deserters, to moneys which should have been paid on the last pay day preceding conviction.

(7) The punishment of dismissal from the naval service shall in the case of persons who hold any lien on appointments in the regular
Army or Air Force, involve dismissal from such army or air force service.

(8) The punishment of detention may be inflicted for any term not exceeding two years, but no sentence of detention shall be awarded

340

unless naval detention quarters or army or air force detention barracks, are in existence.

(9) The punishment of imprisonment or detention whether on board ship or on shore shall subject to the provisions of sub-section (14), involve 2[reduction in Rank] in the case of a petty officer or a person holding a 2[Rank], and shall in all cases be accompanied by stoppage of pay leading and allowances during the term of imprisonment or detention:

Provided that where the punishment awarded is detention for a term not exceeding fourteen days, the sentence may direct that the punishment shall not be accompanied by stoppage of pay and allowances during the term of detention.

(10) No officer shall be subject to detention.

(11) The punishment of forfeiture of seniority shall be imposed in the substantive rank held at the date of the sentence, and shall involve a corresponding forfeiture of seniority in every higher acting rank subject always to the condition that forfeiture of seniority in any rank shall in no case exceed the seniority in that rank at the date of the sentence.

(12) The punishment of forfeiture of seniority shall involve the loss of the benefit of service included in the seniority forfeited for the purposes of pay, pension, gratuity, promotion and such other purposes, as may be prescribed, provided that such pay, pension, gratuity and promotion and other purposes depend upon such service.

3[(12A). No master chief petty officer shall be subject to the punishment of forfeiture of seniority of more than twelve months.]

(13) The punishment of forfeiture of time for promotion shall delay the promotion by the time specified.

3[(13A) No master chief officer shall be subject to the punishment of forfeiture of time for promotion of more than twelve months.]

(14) No person shall be 2[reduced in rank] below the limits prescribed, or lower either actually or relatively than the 2[Rank] in which he entered or was appointed in the naval service.

(15) Mulcts of pay and allowances shall not be awarded except as provided in sub-sections (16) and (17).

(16) Mulcts of pay and allowances shall be awarded in accordance with the regulations made under this Act on conviction of offences under section 51.(17) Mulcts of pay may also be awarded to make good any proved loss or damage occasioned by the offence on which there is a convic-
tion, and for the offence of drunkenness by 1[sailors].

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1 Subs. by Act 53 of 1974, s. 2, for “seamen”.

2 Subs. by Act 48 of 1982, s.4.3 Ins. by s.4, ibid.
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341.
(18) The punishment of fine may be awarded in respect of civil offences in addition to, or in lieu of, other punishments specified in this Act.

(19) The forfeiture of moneys under clause (m) of sub-section (1)
of section 81 shall not, except in case of desertion apply to moneys which should have been paid on the last pay day preceding conviction.

(20) All other punishments authorised by this Act may be inflicted in such manner as is heretofore in use in the naval service or as may be prescribed.

(21) Subject to the provisions of the foregoing sub-sections, where any punishment is specified by this Act as the penalty for an offence and it is further declared that “such other punishment as is hereinafter mentioned” may be awarded in respect of the same offence, the expression “such other punishment” shall be deemed to comprise any one or more of the punishments inferior in degree to the specified punishment according to the scale of punishments laid down in sub-
section (1) of section 81.

CHAPTER XARREST

 

83. Power to issue warrants of arrest.(1) The Chief of the
Naval Staff, every officer in command of a fleet or squadron of ships of the Indian Navy or of any ship of the Indian Navy or the senior officer present at a port or an officer having by virtue of sub-
sections (2) and (3) of section 93 power to try offences, may, by warrant under his hand, authorise any person to arrest any offender subject to naval law for any offence triable under this Act mentioned in such warrant and any such warrant may include the names of more persons than one in respect of several offences of the same nature.

(2) Any person named in any such warrant as aforesaid may, forthwith on his arrest, if the warrant so directs, be taken to the ship of the Indian Navy to which he belongs or some other ship of the
Indian Navy.

(3)A person authorised to arrest an offender may use such force as maybe necessary for the purpose of effecting such arrest.

(4)Where a warrant under sub-section (1) is issued to a police officer, the police officer shall take steps to execute the warrant and arrest the offender in like manner as if such warrant had been issued by a magistrate of competent jurisdiction and shall, as soon as may be, deliver the person when arrested into naval custody.

342.84.Arrest without warrant.

84. Arrest without warrant.(1) Any person subject to naval law may be ordered without warrant into naval custody by any superior officer for any offence triable under this Act.

(2) A person subject to naval law may arrest without warrant any other person subject to naval, law though he may be of a higher rank who in his view commits an offence punishable with death, or imprisonment for life or for a term which may extend to fourteen years.

(3) A provost-marshal may arrest any person subject to naval law in accordance with the provisions of section 89.(4) It shall be lawful for the purpose of effecting arrest, or taking a person into custody, without warrant to use such force as may be necessary for the purpose.

85.Procedure and conditions of naval custody.

85. Procedure and conditions of naval custody.(1) No person subject to naval law who is arrested under this Act shall be detained in naval custody without being informed, as soon as may be, of the grounds for such arrest.

(2) Every person subject to naval law who Is arrested and detained in naval custody shall be produced before his commanding officer or other officer prescribed in this behalf within a period of forty-eight hours of such arrest excluding the time necessary for the journey from the place of arrest to such commanding or other officer and no such person shall be detained in custody beyond the said period without the authority of such commanding or other officer.

86.Investigation after arrest.

86. Investigation after arrest.The charge made against any person subject to naval law taken into custody shall without any unnecessary delay be investigated by the proper authority and as soon as may be either proceedings shall be taken for the trial or such person shall be discharged from custody.

87.Duty to receive or keep in custody.

87. Duty to receive or keep in custody.(1) The commanding officer shall be responsible for the safe custody of every person who is in naval custody on board his ship or in his establishment.

(2) The officer or 1[sailor] in charge of a guard, or a provost-
marshal shall receive and keep any person who is duly committed to his custody.

88.Procedure before trial.

88. Procedure before trial.Subject to the provisions of this
Act, the procedure before trial and the manner of investigation shall be as prescribed.

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1 Subs. by Act 53 of 1974, s. 2, for “seamen”.
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342A

89.Provost-marshals.

89. Provost-marshals.(1) Provost-marshals may be appointed by the Chief of the Naval Staff or the prescribed officer.

(2) The duties of a provost-marshal are to take charge of persons in naval custody, to preserve good order and discipline and to prevent breaches of the same by persons subject to naval law or to the law in force relating to the government of the regular Army or the Air
Force.

(3) A provost-marshal may at any time arrest and detain for trial any per-son subject to naval law who commits, or is charged with, an offence and may also carry into effect any punishment to be inflicted in pursuance of a sentence passed under this Act, but shall not inflict any punishment on his own authority :

Provided that no officer shall be so arrested or detained otherwise than on the order of another officer.

(4) For the purpose of sub-sections (2) and (3), a provost-
marshal shall be deemed to include a provost-marshal and any of his assistants appointed under the law in force relating to the government of the regular Army or the Air Force.